Stanford Scores Claim Constructs In HIV Patent Case

Law360, New York (November 27, 2007, 12:00 AM EST) -- A federal judge decided to use Stanford University's claim definitions over Roche Molecular Diagnostics' in four disputed claim constructions on Monday in an ongoing patent battle over HIV monitoring technology.

District Judge Marilyn Hall Patel ruled on four specific terms that were used in various contexts throughout the patents in dispute: “therapeutically effective” or “therapeutically ineffective”; “an antiretroviral agent”; “measuring the HIV RNA copy number”; and “presence of detectable HIV-encoding nucleic acid” or “absence of detectable HIV-encoding nucleic acid.”